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Doña Ana County, NM Trash & Recycling: Illegal Dumping (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Ordinary illegal dumping fine
up to $1,000
Hazardous waste dumping fine
up to $5,000
Abatement notice period
30 days
Non-compliance remedy
County abates, liens property
Enforced by
Sheriff's Dept, Environmental Codes Enforcement
Applies only in
unincorporated county

Summary

Doña Ana County fines illegal dumping up to $1,000 for ordinary refuse, litter or garbage disposed of outside an authorized landfill, and up to $5,000 for illegally dumped hazardous waste. Section 287-6(B) sets both penalties on top of the County's power to abate the mess and lien the property.

These county ordinances apply to unincorporated areas of Doña Ana County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

A fine of up to $1,000 may be assessed against any person who discards or disposes of refuse, litter or garbage on public or private property in any manner other than by disposing of it in an authorized landfill or other disposal facility; and A fine of up to $5,000 may be assessed against any person for the improper or illegal disposal of hazardous materials or waste in any manner other than as provided for in the Hazardous Waste Act, NMSA § 74-4-1 et seq.

Full Breakdown

Section 287-6 of the Code of Doña Ana County sets enforcement and penalties for the entire solid waste article. ' Those enhanced fines were added by Ordinance No. 235-2011. Before or alongside prosecution, § 287-6(A) lets the County abate an unresolved violation itself once 30 days pass after written notice and place a lien against the property for the abatement cost, collected the way NMSA § 3-48-4 provides for solid waste charges. The Doña Ana County Sheriff's Department and the County's Environmental Codes Enforcement unit enforce the article, and both must respect residents' Fourth Amendment rights: absent consent or an apparent violation visible from a public way, they need a warrant before inspecting private property for a dumping violation.

Violations & Fines

Ordinary illegal dumping of refuse, litter or garbage outside an authorized landfill draws a fine of up to $1,000 under § 287-6(B)(1). Illegally dumping hazardous materials or waste draws a fine of up to $5,000 under § 287-6(B)(2). Either violation can also trigger a County abatement action and property lien under § 287-6(A) if the owner does not clean it up within 30 days of written notice.

Frequently Asked Questions

What's the fine for illegal dumping in unincorporated Doña Ana County?
Up to $1,000 for dumping ordinary refuse, litter or garbage anywhere other than an authorized landfill or disposal facility, under § 287-6(B)(1). If the dumped material is hazardous waste, the fine rises to up to $5,000 under § 287-6(B)(2), a separate, higher penalty tier.
Can the County make me pay for cleaning up dumped waste on my land?
Yes. Under § 287-6(A), if a property owner does not abate a violation within 30 days of receiving written notice, the County can perform the cleanup itself and place a lien on the property for the cost, collected the way NMSA § 3-48-4 provides for solid waste charges.
Does the Sheriff need a warrant to inspect my property for dumping?
Generally yes. § 287-6(C) requires either the owner's voluntary consent or a warrant before further inspection of private property, unless a violation is already visible from a public way or from adjoining property with that owner's consent.

Sources & Official References

Other rules in Doña Ana County

All Doña Ana County rules

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